Food Marketing Institute v. Argus Leader Media
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 18-481 | Apr 22, 2019 | Jun 24, 2019 | 6-3 | Gorsuch | OT 2018 |
Holding: Where commercial or financial information is both customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, the information is "confidential" within the meaning of 5 U. S. C. "552(b)(4), the Freedom of Information Act"s Exemption 4.
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Gorsuch on June 24, 2019. Justice Breyer filed and opinion concurring in part and dissenting in part, in which Justices Ginsburg and Sotomayor joined.
SCOTUSblog Coverage
- From 12 to 8: Final countdown at the Supreme Court (SCOTUStalk, June 25, 2019)
- A "view" from the courtroom: From the T-shirt shop to the high seas (Mark Walsh, June 24, 2019)
- Opinion analysis: Court gives broad meaning to confidential in FOIA exemption for commercial and financial information (Mark Fenster, June 24, 2019)
- Argument analysis: Justices appear likely to endorse broader reading of FOIA exemption for "confidential" commercial information (Mark Fenster, April 23, 2019)
- Argument preview: Justices to consider meaning of confidential in Freedom of Information Act (Mark Fenster, April 15, 2019)
- Eight new grants, Ginsburg recovery from surgery on track (Amy Howe, January 11, 2019)
- Petitions of the week (Aurora Barnes, November 29, 2018)
| Date | Proceedings and Orders |
|---|---|
| 08/07/2018 | Application (18A146) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Gorsuch. |
| 08/09/2018 | UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the mandate of the United States Court of Appeals for the Eighth Circuit, case No. 17-1346, is hereby recalled and stayed pending further order of the undersigned or of the Court. It is further ordered that a response to the application be filed on or before Thursday, August 16, 2018, by 4 p.m. The reply, if any, is to be filed by 4 p.m., Tuesday, August 21, 2018. |
| 08/16/2018 | Response to application from respondent Argus Leader Media, D/B/A Argus Leader filed. |
| 08/21/2018 | Reply of applicant Food Marketing Institute filed. |
| 08/29/2018 | Application (18A146) referred to the Court. |
| 08/29/2018 | Application (18A146) granted by the Court. The application to recall and stay the mandate, presented to Justice Gorsuch and by him referred to the Court, is granted, and the mandate of the United States Court of Appeals for the Eighth Circuit in case No. 17-1346 is recalled and stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Ginsburg, Justice Sotomayor, and Justice Kagan would deny the application. |
| 10/11/2018 | Petition for a writ of certiorari filed. (Response due November 14, 2018) |
| 10/25/2018 | Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk. |
| 10/29/2018 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018. |
| 11/14/2018 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
| 11/14/2018 | Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed. |
| 11/14/2018 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 11/14/2018 | Brief amici curiae of National Association of Convenience Stores, et al. filed. |
| 11/20/2018 | Consent to change of Respondent's counsel of record of Argus Leader Media, d/b/a Argus Leader not accepted for filing. (November 27, 2018 -- Document not of the type that is to be filed electronically) |
| 12/14/2018 | Brief of respondent Argus Leader Media, d/b/a Argus Leader in opposition filed. |
| 12/24/2018 | Reply of petitioner Food Marketing Institute filed. |
| 12/26/2018 | DISTRIBUTED for Conference of 1/11/2019. |
| 01/11/2019 | Petition GRANTED. |
| 01/30/2019 | Blanket Consent filed by Respondent, Argus Leader Media, d/b/a Argus Leader. |
| 01/31/2019 | Blanket Consent filed by Petitioner, Food Marketing Institute. |
| 02/11/2019 | SET FOR ARGUMENT on Monday, April 22, 2019 |
| 02/15/2019 | Brief of petitioner Food Marketing Institute filed. |
| 02/15/2019 | Joint appendix filed (2 vols). |
| 02/21/2019 | Brief amici curiae of National Association of Convenience Stores, et al. filed. |
| 02/22/2019 | Brief amicus curiae of United States filed. |
| 02/22/2019 | Brief amicus curiae of Retail Litigation Center, Inc. filed. |
| 02/22/2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 02/22/2019 | Brief amici curiae of Alliance of Marine Mammal Parks & Aquariums, et al. filed. |
| 03/18/2019 | Brief of respondent Argus Leader Media, d/b/a Argus Leader filed. (Distributed) |
| 03/20/2019 | CIRCULATED |
| 03/21/2019 | Record requested from the U.S.C.A. 8th Circuit. |
| 03/22/2019 | Brief amici curiae of Cause of Action Institute, et al. filed. (Distributed) |
| 03/25/2019 | Brief amicus curiae of New Hampshire Right to Life filed. (Distributed) |
| 03/25/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/25/2019 | Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed) |
| 03/25/2019 | Brief amici curiae of Public Citizen, Center for Science in the Public Interest, Collaboration for Research Integrity filed. (Distributed) |
| 03/25/2019 | Brief amici curiae of Freedom of Information Act and First Amendment Scholars filed. (Distributed) |
| 03/25/2019 | Brief amici curiae of Reporters Committee for Freedom of the Press & 36 Media Organizations filed. (Distributed) |
| 03/25/2019 | Brief amici curiae of Detention Watch Network, Human Rights Defense Center and Prison Policy Initiative filed. (Distributed) |
| 03/25/2019 | Affidavit of Service of BioScience Advisors, Inc. not accepted for filing. (Corrected version submitted). |
| 03/25/2019 | Corrected Affidavit of Service filed with respect to amicus curiae brief of BioScience Advisors, Inc. (March29, 2019). |
| 03/25/2019 | Brief amicus curiae of BioScience Advisors, Inc. filed. (Distributed) |
| 03/25/2019 | Brief amici curiae of AI Now Institute at New York University, et al. filed. (Distributed) |
| 03/25/2019 | Brief amicus curiae of American Small Business League filed. (To be Reprinted) (Distributed) |
| 03/25/2019 | Brief amicus curiae of American Small Business League filed. (April 16, 2019) (Distributed) |
| 03/27/2019 | Record received from the U.S.D.C. Dist. of South Dakota Southern Division. (1 Box). |
| 04/01/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/05/2019 | Reply of petitioner Food Marketing Institute filed. (Distributed) |
| 04/22/2019 | Argued. For petitioner: Evan A. Young, Austin, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondent: Robert M. Loeb, Washington, D. C. |
| 06/24/2019 | Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, and Kavanaugh, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg and Sotomayor, JJ., joined. |
| 07/26/2019 | JUDGMENT ISSUED. |